https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12922
The court found that the advocate-client relationship had broken down because the plaintiff had ceased giving instructions and could not be reached, and since the application was unopposed, there was no basis to compel continued representation; leave to cease acting was therefore granted.
Source-derived case information.
- Citation
- [2026] KEHC 12922 (KLR)
- Parties
- Plaintiff: Mediheal Hospital and Fertility Center Limited; 1st Defendant: Bank of India; 2nd Defendant: Eshikoni Auctioneers
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E009 of 2024
- Procedural Posture
- Civil Case; Application by Advocate to Cease Acting / Ruling on Unopposed Application for Leave to Cease Acting
- Outcome
- Application allowed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Leave to Cease Acting, Advocate Client Relationship, Withdrawal of Instructions, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mediheal Hospital and Fertility Center Limited
Plaintiff
Bank of India
1st Defendant
Eshikoni Auctioneers
2nd Defendant
Procedural Posture
Civil Case; Application by Advocate to Cease Acting / Ruling on Unopposed Application for Leave to Cease Acting
Legal Issues
- 1 Whether the court should grant leave to the advocate to cease acting for the plaintiff.
- 2 Whether the breakdown of instructions and loss of contact justify termination of representation.
Ratio Decidendi
The court found that the advocate-client relationship had broken down because the plaintiff had ceased giving instructions and could not be reached, and since the application was unopposed, there was no basis to compel continued representation; leave to cease acting was therefore granted.
Court Disposition
Application allowed
Orders
- Leave is granted to Aloo Romanus & Company Advocates to cease acting for the plaintiff in this suit.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **CIVIL CASE NO. E009 OF 2024** **MEDIHEAL HOSPITAL AND** **FERTILITY CENTER LIMITED.............................................PLAINTIFF** **=VERSUS=** **BANK OF INDIA…………………………..................1ST DEFENDANT** **ESHIKONI AUCTIONEERS……………...…..……….2ND DEFENDANT** **RULING** 1. This ruling is on the Applicant’s Application dated 15th March 2026. By which the law firm of ALOO ROMANUS & COMPANY ADVOCATES is seeking leave to cease acting for the Plaintiff in this suit. 2. The Application is supported by the Supporting Affidavit of ALOO ROMANUS Advocate. In which he has deposed that the Plaintiff has ceased to instruct him further in this suit; and that, attempts to reach the Plaintiff have been futile. Further that it has therefore become impossible for him to act for the Plaintiff, since that he no longer has instructions. 3. That it is for these reasons that his law firm should be granted leave to cease acting for the Plaintiff in this suit. The Application was not opposed. 4. I have considered the Application, its grounds, as well as the Supporting Affidavit. In my considered view, the Advocate-Client relationship is a contractual one. One based on consent and volition. Hence, where it has irretrievably broken down, or where the client has withdrawn instructions or failed to give the Advocate further instructions necessary for the case, a court cannot compel the Advocate to continue representing the client. Nor to remain in the relationship. 5. Neither can it compel the Advocate to continue acting for a client it has lost touch with, or who has for whatever reason lost interest in his matter. 6. In the end, this Application, has merit and is hereby allowed accordingly. In terms that leave is hereby granted to the law firm of ALOO ROMANUS & COMPANY ADVOCATES, to cease acting for the Plaintiff in this suit. **DATED and DELIVERED at KISII on this 29th day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**